Update: Shooter of Austin BLM Protester was Active-Duty Army Infantry Sergeant

Discussion in 'Political Issues' started by Bren, Jul 31, 2020.

  1. Bren

    Bren NRA Life Member

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    Interesting - not really what I expected. Looks like the wannabe mall-ninja guy ran into the real thing:

    Details emerging about fatal shooting of BLM ‘protester’ in Austin, TX are stunning

    Part of the article, repeating a statement from his attorney:

    F. Clinton Broden and Broden & Mickelsen issue the following statement on behalf of our client, Daniel Perry.

    Daniel Perry is an active duty sergeant with the United States Army. He is a former Eagle Scout from the North Texas area and served our country proudly for the past eight years. Sgt. Perry served a tour in Afghanistan and has been the recipient of numerous army awards and commendations.

    On the evening of July 25, 2020, Sgt. Perry was in Austin, Texas driving for a ride share company in order to earn extra money. He had dropped his client off in the vicinity of Congress Avenue. He was then going to proceed to a “hot spot” in order to wait on notification to pick up another client or to pick up food for delivery. Sgt. Perry made a right onto Congress Avenue from Fourth Street and encountered a throng of people in the street. Prior to arriving at the corner of Fourth Street and Congress Avenue, Sgt. Perry did not know that a demonstration was taking place.

    When Sgt. Perry turned on the Congress Avenue, several people started beating on his vehicle. An individual carrying an assault rifle, now known to be Garrett Foster, quickly approached the car and then motioned with the assault rifle for Mr. Perry to lower his window. Sgt. Perry initially believed the person was associated with law enforcement and complied with the command. After rolling down the window, it became apparent to Sgt. Perry that the individual with the assault rifle was not with law enforcement. It has now been confirmed by several witnesses that this individual with the assault rifle then began to raise the assault rifle toward Sgt. Perry. It was only then that Sgt. Perry, who carried a handgun in his car for his own protection while driving strangers in the ride share program, fired on the person to protect his own life.

    Immediately after Sgt. Perry fired on the individual who raised the assault rifle toward him, a member of the crowd began firing on Sgt. Perry’s vehicle. Sgt. Perry drove to safety and immediately called the police. He waited for the police to arrive and fully cooperated with the police following the shooting and he continues to do so.

    We urge the public to allow the police to conduct a full investigation. We also need to correct statements that have been reported by the press. First, Sgt. Perry never left his vehicle preceding or immediately following the shooting. Second, Sgt. Perry did not “flee” but immediately called police upon getting to safety. Finally and most importantly, police have interviewed witnesses

    who were demonstrating with Mr. Foster and these witnesses have confirmed that Mr. Foster raised his assault rifle in a direct threat to Sgt. Perry’s life.

    Sgt. Perry and his family deeply sympathize with the loss and grief being experienced by Mr. Foster’s family. Sgt. Perry is devastated by what happened. Nevertheless, that does not change facts. The simple fact is that Sgt. Perry reasonably perceived a threat to his life when, as has now been confirmed by independent witnesses, Mr. Foster raised his assault rifle toward Sgt. Perry who was sitting in his car. We simply ask that anybody who might want to criticize Sgt. Perry’s actions, picture themselves trapped in a car as a masked stranger raises an assault rifle in their direction and reflect upon what they might have done if faced with the split second decision faced by Sgt. Perry that evening.

    [​IMG]
     
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  2. B C

    B C

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    The media is trying to smear him.

    upload_2020-7-31_16-8-12.png
     

  3. BigBluefish

    BigBluefish

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    They will also claim he was suffering from PTSD, yada yada, yada...

    Sorry, friends on the left. If you point a gun at someone, expect to get yourself killed. Suicide by cop, or suicide by citizen. Take your pick.
     
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  4. JFrame

    JFrame

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    I tip my hat to Sgt. Perry. :patriot:

    I'm glad he made it home safely.

    I don't know much about Garrett Foster, but based on the details that are being presented, I'm sort of glad he didn't.

    .
     
  5. PSUEng

    PSUEng

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    Another reason to be careful on social media/forums. I don't think the posts ever disappear. And another reason to not tell people how you really feel except for trusted individuals, or your "interests", etc. Too many people are brown coats, there is no privacy anymore.
     
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  6. Folsom_Prison

    Folsom_Prison Brew Crew

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    That’s cool and all but they should have left the guy try to stay low key, now the guy probably has a target on his back.
     
  7. First shot

    First shot

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    He sounds like one helluva good American to me... If he got to his handgun, while facing someone with a rifle, and was able to dispatch the person, I’d also say that he’s one helluva “on the ball” man...
     
  8. Bren

    Bren NRA Life Member

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    Pretty confident the bad guy's interview the same night, about carrying his AK because the people who opposed them are p&&&ies who couldn't do anything about it will override anything the sergeant said - considering the lack of quotes, my bet is that whatever he said was about perfectly legal use of force in self-defense. Otherwise, it would be in the headline.

    Edit: yep, what he said is right here and all true (obviously shocking to the British):
    https://www.dailymail.co.uk/news/ar...ustin-revealed-33-year-old-Army-sergeant.html
     
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  9. rj1939

    rj1939

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    Yet another example of how little thought these people have, or are capable of. We have had the ongoing war for years in the sandbox, lots of combat vets out there now..................don't be waving a gun around, it has a good chance of going badly.
     
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  10. roscoepcoaltrain

    roscoepcoaltrain

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    The Law of Self Defense, 3rd Edition
    by Andrew Branca

    (1) Innocence - don't be the aggressor
    (2) Imminence - it is about to occur so quickly that it can't be avoided in any other way than with force.
    The AOJ Triad
    Ability
    Opportunity
    Jeopardy

    (3) Proportionality - the force you use in self defense cannot be greater than the force you are threatened with.

    (4) Avoidance -Texas is Stand Your Ground state - none needed

    (5) Reasonableness - 1st Principle: Was your belief that you were defending an innocent person a reasonable belief? 2nd Principle: Was your view that the danger was imminent a reasonable view? 3rd Principle: Was your estimate of the degree of force threatening you, and the degree of force you used in response, reasonable? 4th Principle: Was your decision that there was no safe way to retreat a reasonable decision?

    Objective Reasonableness - determined by applying the standard of the reasonable and prudent person.

    After the shooting get to a safe place and call 911

    All of the above boxes checked. A lawful self-defense shooting.
     
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  11. R.B. Riddick

    R.B. Riddick

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    What about the AK rounds that many claimed were fired or was that fake news?

    There is no way in hell I am pulling over and rolling down my window if I see a goofball with an AK. Heck, I cannot recall seeing any LEOs (local or federal) with AKs.

    If you point a firearm at anyone (assuming this is accurate), you should expect trouble.
     
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  12. Deltic

    Deltic

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    If he is on active duty why is he in Austin driving for Uber or whatever? I suspect whoever wrote the article got the details wrong.
     
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  13. Bren

    Bren NRA Life Member

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    Austin is the nearest large city to Ft. Hood. Not at all surprising he'd go there if he was making extra money as an Uber driver.
     
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  14. Deltic

    Deltic

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    How does this get applied in court? There are people who can ruin your day with one punch. I am not intending to get in a fist fight with a guy half my age and in much better shape.
     
  15. alnicoG22

    alnicoG22

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    FYI just in case, my patrol rifle is a AK, fully OK'ed by my department.
     
  16. NAZG26

    NAZG26 Lost in transit

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    Who cares what the British think? We let them know what they could do with their opinion back on April 1775.
     
  17. R.B. Riddick

    R.B. Riddick

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    Did not know this. Is this common with other LEOs? I have only seen them with ARs.
     
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  18. Bren

    Bren NRA Life Member

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    If your strategy is to use a gun to avoid fistfights, good luck with that. First thing I think of from Kentucky law is KRS 503.060:

    Section 503.060 - Improper use of physical force in self-protection
    Notwithstanding the provisions of KRS 503.050 [the self-defense statute], the use of physical force by a defendant upon another person is not justifiable when:
    ...
    (3) The defendant was the initial aggressor, except that his use of physical force upon the other person under this circumstance is justifiable when:
    (a) His initial physical force was nondeadly and the force returned by the other is such that he believes himself to be in imminent danger of death or serious physical injury; or
    (b) He withdraws from the encounter and effectively communicates to the other person his intent to do so and the latter nevertheless continues or threatens the use of unlawful physical force.
    KRS 503.060


    In other words, a person attacks you with non-deadly force and you respond with deadly force, you're the bad guy now and they are justified in using deadly force against you.

    Deadly physical force is: "force which is used with the purpose of causing death or serious physical injury or which the defendant knows to create a substantial risk of causing death or serious physical injury." KRS 503.010.

    So if a grand jury believes the guy punching you is a "substantial risk of causing death or serious physical injury," you're justified. If not - and you'd need some pretty special circumstances to get there - you're the bad guy.
     
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  19. alnicoG22

    alnicoG22

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    No it is not common. I am the only guy with a AK in my dept. Since I am a reserve and have to buy my own equipment they have no problem with it.
     
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  20. DaleGribble

    DaleGribble Liberals 'R Bad!!!!

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    I didn't see anything that demonstrated a propensity towards violence or a desire to kill anyone in what Sgt. Perry has posted online.

    The response to Trump could be twisted pretty easily, but he didn't actually say what Texas would do to protestors. Maybe he meant Texans would feed protestors some BBQ and play some country and western music for them.
     
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